Amerigrow Recycling Corporationim MIAMIBEACH cap 7J~~~
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: For the Purchase and Delivery of Pine Bark Brown Mulch
CONTRACT NO.: 20-08/09
CONTRACT TIME: This contract shall remain in effect for three (3) years from date of
contract execution by the Mayor and City Clerk, and may be renewed
by mutual agreement for two (2) additional years, on a year to year
basis.
SUPERSEDES: N/A
CONTRACTOR(S): Amerigrow Recycling Corporation
ESTIMATED ANNUAL: $41,875
A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on July 15, 2009, a Contract has been approved for award
and subsequent execution between the City of Miami Beach, Florida, and Contractor.
B. EFFECT -This Contract is entered into to furnishing all labor, machinery, tools, supplies,
equipment, materials and services necessary for the purchase and delivery of pine bark
mulch pursuant to City Of Miami Beach Invitation to Bid (ITB) No. 20-08/09 and any
addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and
Contractor's bid in response thereto may hereinafter collectively be referred to as the
"Contract Documents").
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Procurement Division policies and procedures,
at the prices indicated, exclusive of all Federal, State, and local taxes.
All blanket purchase orders shall show the City of Miami Beach Contract Number 20-
08/09.
D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any
failure of Contractor for citywide lot clearance services the Contract Documents to Kevin
Smith, City of Miami Beach, Park and Recreation Director at 305-673-7000 ext. 6643.
E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager prior to commencement
of any services/work by Contractor.
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Certification of Contract
F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by either party. In addition, Contractor
shall not subcontract any portion of the work and/or services required by the Contract
Documents without prior approval from the City. Contractor warrants and represents
that all persons performing any work and/or services required by the Contract
Documents have the knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform same, to City's satisfaction,
for the agreed compensation.
Contractor shall perform the work and/or services required under the Contract
Documents in a skillful and respectable manner. The quality of Contractor's
performance and all interim and final product(s) provided to or on behalf of City shall be
comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard of
the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times and
adhere to the City's Service Excellence standards. Training may be provided by the
City's Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133,
Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,
who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to the City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the
City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation of
the Contract and may result in Contractor debarment.
INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this
Contract. Services and/or work provided by Contractor pursuant to the Contract
Documents shall be subject to the supervision of Contractor. In providing such work
and/or services, neither Contractor nor its agents shall act as officers, employees, or
agents of the City. This Contract shall not constitute or make the parties a partnership or
joint venture.
J. THIRD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third parry shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents.
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Certification of Contract
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
K. NOTICES -Whenever either party desires to give notice to the other, such notice must be
in writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
For Citv:
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Gus Lopez, Procurement Director
With copies to:
Parks and Recreation Department
2100 Washington Ave.
Miami Beach, Florida 33139
Attn: Kevin Smith. Parks and Recreation Director
For Contractor:
Ameriarow Recycling Corporation
10320 West Atlantic Avenue
Delray Beach, Florida 33446
Attn: David Tomlinson, Vice President
Phone: 561-499-8148
Fax: 561-499-5896
E-mail: info(a~amerigrow.com
L. MATERIALITY AND WAIVER OF BREACH -City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
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Certification of Contract
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Contractor shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and/or insurances) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached
to this Contract and are hereby adopted by reference and incorporated herein as if fully
set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by
any and all of the documents incorporated by the Contract Documents. Where there is a
conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii)
contractor's bid in response thereto, the more stringent provision (as enforced by the
City) shall prevail.
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Certification of Contract
IN WITNESS WHEREOF the City and Contractor ave caused this Certification of Contract to
be signed and attested on this '- day of , 200, by their respective duly
authorized representatives.
CONTRACTOR
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